Travelling outside UK when sponsor name isn't listed on registered sponsors

this applies to both Shah1698 and hannan16195.

Reading p6 of the guidance https://assets.publishing.service.gov.u ... gov-uk.pdf

if a sponsor licence is not renewed it is considered expired and this will trigger curtailment letters to the the workers still employed.

It seems that once the sponsor obtains a new licence the CoSs wouldn't automatically transfer from the old to the new licence, i.e. new CoSs would have to be assigned and new permissions applied for.

I wonder if this interpretation of the rules and practice is correct? Frontier Mole's opinion would be appreciated.

manci wrote: ↑

Wed Mar 10, 2021 12:39 pm

this applies to both Shah1698 and hannan16195.

Reading p6 of the guidance https://assets.publishing.service.gov.u ... gov-uk.pdf

if a sponsor licence is not renewed it is considered expired and this will trigger curtailment letters to the the workers still employed.

It seems that once the sponsor obtains a new licence the CoSs wouldn't automatically transfer from the old to the new licence, i.e. new CoSs would have to be assigned and new permissions applied for.

I wonder if this interpretation of the rules and practice is correct? Frontier Mole's opinion would be appreciated.

Thanks for your reply.
I did call the business help desk (they are not competent) they said need to apply for a new visa. The transfer is not possible.

Mean this would be costly. My wages at the time of 1st COs in 2019 were for a new entrant, but now it should be 30K as won't be any more new entrant?
Does my employer need to pay the immigrant skill charge as well?

hannan16195 wrote: ↑

Wed Mar 10, 2021 1:25 pm

I did call the business help desk (they are not competent) they said need to apply for a new visa

The business help desk is for employers. Call them again and ask the same question from an employer's perspective: would the CoSs be transferable from the expired licence to the new one? Point out that there were only 6 weeks between the expiry of the old licence and the granting of the new one.

UKVI can operate a concession and decide to allow the new licence application to be treated as a renewal application. It is not guaranteed nor is it a matter that can be appealed. Each case would be considered on its own merits and the circumstances around why the renewal was not completed in time.

IF the concession is granted and the licence renewal is allowed then there is a possibility for the COS issued under the old licence to be transferred over. Very much like a merger or takeover scenario.

hannan16195 wrote: ↑

Wed Mar 10, 2021 11:21 am

My Employer Licence was expired on 25 January 2021 and they have to apply for a new one. on 5th March 2021, they got a new licence. The new license has no employee record.

Is this how the decision (concession or no concession) is communicated, i.e. in this case it seems that the employer would have to assign new CoSs and the migrants would have to apply for new permissions?.

@shah1698
Ask your sponsor whether their old licence has been renewed or if they have a new licence? It does make a difference, see above

My suggestion is that the Sponsor contacts Sheffield to see what is happening - if they are going to move the COS - this is not completed immediately and takes a bit of time. So I would not expect to see it so soon after the licence grant / renewal.

If the concession was not granted or worse still not requested then it is a new licence in full and the employees would need new COS and visas.

Be patient is all I would say

Thanks for your reply.

the home office is not giving a clear answer, My employer has called and they say send an email to the business help desk. The business help desk never replies back to emails.

on 25th March it will be 60 days since the license was expired. I never received any letter at my home. My address is up to date. But I am afraid to cross these 60 days.

I am thinking to apply for a new visa and will pay a heavy health surcharge again, by this at least headache will finish. However, my wages are below 30K.

I have to question if someone can help.

1. my employer operates 35 hours per week means I have to apportion 30k accordingly? that would be around £27k? They are happy to increase my wages to 27k from April and will provide my letter with my application.

2. I am with the same employer mean the employer doesn't need to pay a health surcharge?

Thanks again for the help.

hannan16195 wrote: ↑

Thu Mar 11, 2021 11:04 am

The business help desk never replies back to emails.

they usually reply in 2-4 days. Your sponsor can also write to UKVI Vulcan House Sheffield S3 8NU (mark the envelope Tier 2)

hannan16195 wrote: ↑

Thu Mar 11, 2021 11:04 am

on 25th March it will be 60 days since the license was expired. I never received any letter at my home

the 60 days curtailment period is counted from the date of the curtailment letter, nor from when sponsorship stopped and the HO can take a long time issuing curtailment letters

hannan16195 wrote: ↑

Thu Mar 11, 2021 11:04 am

I am thinking to apply for a new visa

You can only apply for a new visa if your sponsor assigns a new CoS to you and this will depend on whether the old licence was renewed or they got a new licence

Thanks for your reply.

I will request the employer to write a letter as well.

My employer got a new license, as the Home office refused to renew the expired license.

The employer is happy to issue new COS.

New licence - in that case just get a COS and apply - no need for a letter explaining anything. It won’t add value and may well cause needless concern.

Thanks for your reply.

Just would like to ask a question about COS.

My employer got a new license and now he will issue new COS. Which type of COS he will select

1. Skilled worker (switching immigration category)
2. Skilled worker (extension- ISC Exempt)
3. Skilled worker (extension -ISC- Liable)
4. Skilled worker (change of employment isc exempt)
5. Skilled worker (change of employment isc liable)

I am on the same job with the same code since 2018, it should be 2nd option, even though the license is new, but the job is the same, the employer is the same

But bit confuse as this is a brand new license maybe the home office will say there is no old record of COS and this is new license should be 4th option

If the company's HR department needs advice about which category to select when assigning your CoS they should ask the Business Helpdesk or a professional, not you.

I think it should probably be option 5 because even though your actual employer remains the same company they have a new licence and thus have become a new sponsor / employer in the eyes of the HO.

Thanks for your reply.

They asked the business help desk, but there is no clear answer. My employer has no solicitor so they told me I should find out by myself as they don't mind issuing COS.

I was reading on the Home office following and looks this applies to me. Will appreciate it if you can guide me further

Extend your Visa
You can usually apply to extend a skilled visa or a Tier 2 (General) work visa if all of the following are true
. You have the same job as when you were given your previous permission to entree or stay in the UK
. Your job is in the same occupation code as when you were given your previous permission to enter or stay
.you're still working for the employer who gave you your current certificate of sponsorship.

Job is the same, SOc code is the same and employer is same,

Treat it as a new employer because it is a new licence and you for the purposes of your visa are “moving” to a new sponsor

Thanks for your reply and a great help

Today my employer also called again to the Business help desk and got the same reply from the Home office that this should be a change of employment. Employer will issue me new cos soon.

Now I am applying for a new visa

In skilled visa, there are also three option
Extent visa
update your visa f you Change employment or employer
Switch to this visa

Is this will be option 2 for me. Sorry in advance as this looks a bit silly question, but want to make sure.

An update - My family had no problem at the airport. They were allowed in without any problems. Thanks for your help, Frontier and Manci.

As my employer got the new licence, I am going to apply for ILR this month. Hope I won't have any problems. Finger crossed. I will keep you updated.

Shah

Hi Frontier and Manci,

I am pleased to inform you that our ILR applications have been successful. Thank you very much for your help from time to time. It is really appreciated.

Regards
Shah